Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Notices 37563

physical fitness training while on

official travel. The Albuquerque

Operations Office identified a trip report

and a time-card as responsive to the

request, but withheld the information

on personal grounds under FOIA

Exemption 6. In considering the Appeal,

the DOE determined that absent special

circumstances or information that

reveals something personal or private

about the individual, Federal

Government employees generally have

no privacy interest either in their

official work performed as a government

employee either at or away from their

usual duty stations or in their aggregate

amount of hours spent working for the

government even if this includes

overtime. Accordingly, the Appeal was

denied in part, granted in part, and

remanded to the Albuquerque

Operations Office to either release the

withheld information or to issue a new

determination offering another

justification for withholding the

information.

Kramer, Rayson, Leake, Rodgers &

Morgan, 5/18/98, VFA–0402

The DOE’s Office of Hearings and

Appeals (OHA) issued a decision

denying a Freedom of Information Act

(FOIA) Appeal filed by Kramer, Rayson,

Leake, Rodgers & Morgan (Kramer). In

response to Kramer’s FOIA request for

information about a third party, the DOE

Office of Inspector General (OIG) stated

that it could neither confirm nor deny

the existence of responsive material (a

Glomar response). In its decision, OHA

found that OIG properly used Exception

7(C) and the Glomar response to protect

the identified privacy rights of the

individual, which were found to

outweigh any public interest in the

information. Accordingly, the Appeal

was denied.

Whistleblower Hearing

Thomas T. Tiller, 5/21/98, VWA–0018

A Hearing Officer issued an Initial

Agency Decision concerning a

whistleblower complaint. The Hearing

Officer determined that Thomas T.

Tiller (Tiller) made one protected

disclosure and proved by a

preponderance of the evidence that the

protected disclosure was a contributing

factor to his demotion and

reassignment. The Hearing Officer

determined, however, that Wackenhut

Services, Incorporated (Wackenhut), a

DOE contractor, provided clear and

convincing evidence to demonstrate that

it would have demoted and reassigned

Tiller even if he had not made his

protected disclosure. The Hearing

Officer also determined that Tiller

participated in a protected activity

when he filed his Part 708 Complaint in

August 1994. She further determined

that Tiller’s 1994 complaint filing

contributed to the pattern of alleged

discriminatory acts set forth in his 1996

Whistleblower Complaint. The Hearing

Officer determined, however, that

Wackenhut proved by clear and

convincing evidence that it would have

taken the actions enumerated in Tiller’s

1996 Whistleblower Complaint even if

Tiller had not filed his 1994

Whistleblower Complaint. Therefore,

the Hearing Officer found that Tiller

failed to establish the existence of any

violations of the DOE’s Contractor

Employee Protection Program for which

relief is warranted under 10 CFR

§ 708.10.

Refund Applications

Better Materials Inc., 5/21/98, RF272–

94734

The DOE denied an Application for

Refund filed in the Subpart V Crude Oil

proceeding because the applicant’s

wholly owned subsidiary had received

a refund from the Surface Transporters

Escrow.

Gulf Oil Corp./U.S. Reduction, 5/18/98,

RR300–00293

The DOE granted a motion for

reconsideration filed by in connection

with Gulf Oil Corp./U.S. Reduction,

Case No. RF300–20907 (June 6, 1994).

The DOE determined that the applicant,

The Travelers Group, Inc., was entitled

to an additional refund of $1,796.

Refund Applications

The Office of Hearings and Appeals

issued the following Decisions and

Orders concerning refund applications,

which are not summarized. Copies of

the full texts of the Decisions and

Orders are available in the Public

Reference Room of the Office of

Hearings and Appeals.

Annco Partnership et al ....................................................................................................................................... RK272–01898 5/21/98

Betz Laboratories, Inc .......................................................................................................................................... RF272–98945 5/21/98

Leatham Brothers, Inc. et al ................................................................................................................................ RF272–95231 5/19/98

Masterson Company, Inc. et al ............................................................................................................................ RF272–94589 5/19/98

S.A.D. #22 et al ..................................................................................................................................................... RF272–95369 5/21/98

Dismissals

The following submissions were dismissed.

Name Case No.

Burlin McKinney ................................................................................................................................................................................ VFA–0418

Liberty Cash Grocers, Inc. ................................................................................................................................................................ RK272–04779

[FR Doc. 98–18571 Filed 7–10–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Hearings and Appeals

Notice of Issuance of Decisions and

Orders During the Week of May 25

Through May 29, 1998

During the week of May 25 through

May 29, 1998, the decisions and orders

summarized below were issued with

respect to appeals, applications,

petitions, or other requests filed with

the Office of Hearings and Appeals of

the Department of Energy. The

following summary also contains a list

of submissions that were dismissed by

the Office of Hearings and Appeals.

Copies of the full text of these

decisions and orders are available in the

Public Reference Room of the Office of

Hearings and Appeals, 950 L’Enfant

Plaza, SW, Washington, DC 20585–

0107, Monday through Friday, except

federal holidays. They are also available

in Energy Management: Federal Energy

Guidelines, a commercially published

loose leaf reporter system. Some

decisions and orders are available on

the Office of Hearings and Appeals

World Wide Web site at http://

www.oha.doe.gov.
37564 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Notices

Dated: July 6, 1998.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 87; Week of May 25

Through May 29, 1998

Appeal

Andrew Lee Fuller, 5/26/98, VFA–0412

Andrew Lee Fuller filed an Appeal

from a March 24, 1998 determination of

the Privacy Act Officer of the Office of

Public Affairs of the Department of

Energy’s (DOE) Albuquerque Operations

Office requesting copies of his complete

personnel security file. He also

requested all ‘‘background investigation

documents,’’ and all correspondence

between DOE headquarters or DOE

Albuquerque offices and the DOE

Personnel Security Division. In

considering the Appeal, the DOE

determined that the individual’s

personnel security file is a system of

records pursuant to the Privacy Act.

Furthermore, since Mr. Fuller failed to

respond to a DOE request, pursuant to

the DOE regulations, the DOE had

sufficient grounds to deny Mr. Fuller’s

request for a part of his personnel

security file. Accordingly, the DOE

denied Mr. Fuller’s appeal.

Refund Applications

The Office of Hearings and Appeals

issued the following Decisions and

Orders concerning refund applications,

which are not summarized. Copies of

the full texts of the Decisions and

Orders are available in the Public

Reference Room of the Office of

Hearings and Appeals.

Eyman Equipment Inc ......................................................................................................................................... RK272–04780 5/27/98

Gulf Oil Corporation/Interstate Gulf ................................................................................................................... RR300–00294 5/29/98

Prairie Sand & Gravel, Inc ................................................................................................................................... RK272–4814 5/29/98

Yellow Cab Co. Inc. et al ..................................................................................................................................... RK272–02335 5/29/98

Dismissals

The following submissions were dismissed.

Name Case No.

Delaware State Police ...................................................................................................................................................................... RF272–98910

Enron Corp ........................................................................................................................................................................................ RF300–10856

Personnel Security Hearing .............................................................................................................................................................. VSO–0202

SS Grayson Cooperative, Inc ........................................................................................................................................................... RF272–95720

Tropigas International ....................................................................................................................................................................... RF300–18788

[FR Doc. 98–18572 Filed 7–10–98; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6123–7]

Subcontractor Access to Confidential

Business Information Under the Clean

Air Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: The EPA has authorized the

following contractors and

subcontractors for access to information

that has been, or will be, submitted to

EPA under sections 109–112, 114, 129

and 183 of the Clean Air Act (CAA) as

amended. (1) Abt Associates, Inc., 4800

Montgomery Lane, Suite 500, Hampden

Square, Bethesda, Maryland 20814; ICF,

Inc., 9300 Lee Highway, Fairfax,

Virginia 22031; EC/R, Inc., 1129 Weaver

Dairy Road, Chapel Hill, North Carolina

27514; Eastern Research Group, 900

Perimeter Park, P.O. Box 2010,

Morrisville, North Carolina 27560;

Alpha-Gamma Technologies, Inc., Suite

350, 900 Ridgefield Drive, Raleigh,

North Carolina 27609; Douglas Rae, 36

Gage Street, Needham, Massachusetts

02192; Jonathan Rubin, Department of

Economics, University of Tennessee,

519 Stokely Management Center,

Knoxville, Tennessee 37996; Robert

Taylor, Department of Agricultural

Economics and Rural Sociology, Auburn

University, Auburn, Alabama 36849;

Scott Atkinson, Department of

Economics, University of Georgia,

Athens, Georgia 30602; under Abt’s

contract number 68–D–98–001. (2) EC/

R, Inc., 1129 Weaver Dairy Road, Chapel

Hill, North Carolina 27514, contract

number 68–D–98–026. (3) E.H. Pechan

and Associates, Inc., 5537–C Hempstead

Way, Springfield, Virginia 22151;

Pacific Environmental Services, Inc.,

P.O. Box 12077, Research Triangle Park,

North Carolina 27709, under contract

number 68–D–98–052. (4) EC/R, Inc.,

1129 Weaver Dairy Road, Chapel Hill,

North Carolina 27514; The Cadmus

Group Incorporated, 135 Beaver Street,

Waltham, Massachusetts 02154; INDUS

Corporation, 1953 Gallows Road, Suite

300, Vienna, Virginia 22182; Dr. David

Burmaster, Alceon Corporation, P.O.

Box 382669, Harvard Square Station,

Cambridge, Massachusetts 02238, under

contract number 68–D6–0065. (5) ICF,

Inc., 9300 Lee Highway, Fairfax,

Virginia 22031, under contract number

68–D6–0064. (6) Science Applications

International Corporation, 1710

Goodridge Drive, McLean, Virginia

22101, under contract number 68–D–

98–113.

Some of the information may be

claimed to be confidential business

information (CBI) by the submitter.

DATES: Access to confidential data

submitted to EPA will occur no sooner

than 10 days after issuance of this

notice.

FOR FURTHER INFORMATION CONTACT:

Melva Toomer, Document Control

Officer, Office of Air Quality Planning

and Standards (MD–11), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, (919) 541–0880.

SUPPLEMENTARY INFORMATION: The EPA

is issuing this notice to inform all

submitters of information under

sections 109-112, 114, 129 and 183 of

the CAA that EPA may provide the

above mentioned contractors and

subcontractors access to these materials

on a need-to-know basis. These

contractors and subcontractors will

provide technical support to the Office

of Air Quality Planning and Standards

(OAQPS) in health and risk assessment,

implementation and strategies

development, program review and

tracking, standards review and

development, and economic impact

assessments for Federal air pollution

control regulations and development of

innovative regulatory strategies.

In accordance with 40 CFR 2.301(h),

EPA has determined that each